The Attachment Application Letter is a crucial document in New Zealand's debt enforcement framework, used when a creditor seeks to recover a judgment debt through regular deductions from a debtor's wages or salary. This document is typically prepared after obtaining a court judgment and when other collection methods have proven unsuccessful. The letter must comply with New Zealand's District Courts Act 2016 and related regulations, requiring detailed information about the judgment debt, current amount owing, proposed attachment amount, and relevant party details. It represents a formal application to the court requesting an attachment order, which, if granted, requires the debtor's employer to make regular payment deductions. The document is particularly important in ensuring procedural fairness and proper documentation in the debt collection process.
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1. Recipient Details: Full name and address of the court where the application is being filed
2. Applicant Information: Complete details of the creditor/applicant including full legal name, address, and contact information
3. Judgment Debtor Information: Full details of the debtor including name, last known address, and any known employer information
4. Judgment/Debt Details: Reference to the judgment or debt, including date, court reference number, and original amount
5. Current Amount Owing: Detailed breakdown of the current amount owed, including original debt, interest, and costs
6. Attachment Request: Specific details of the attachment being sought, including proposed amount and frequency
7. Legal Basis: Reference to relevant legislation and grounds for seeking the attachment order
8. Declaration: Formal declaration of truth and accuracy of the information provided
1. Previous Enforcement Attempts: Details of any previous attempts to enforce the judgment or collect the debt - include when other collection methods have been attempted
2. Multiple Employer Details: Additional section when the debtor has more than one employer - include when attachment needs to be split across multiple sources
3. Previous Payment Arrangements: Information about any previous payment arrangements or agreements - include when there is relevant payment history
4. Hardship Considerations: Addressing known financial hardship issues of the debtor - include when there are relevant hardship factors to consider
5. Urgent Application Notice: Special notice section for urgent applications - include when immediate attachment is required due to specific circumstances
1. Schedule A - Judgment Documentation: Copy of the original judgment or proof of debt
2. Schedule B - Amount Calculation: Detailed calculation of the current amount owed, including interest and costs
3. Schedule C - Employment Verification: Documentation verifying the debtor's employment and income details
4. Schedule D - Service Evidence: Proof of service of previous notices or demands on the debtor
5. Appendix 1 - Supporting Affidavit: Affidavit supporting the application and verifying the facts stated
6. Appendix 2 - Previous Correspondence: Copies of relevant correspondence with the debtor or their representatives
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